Abarca et al v. Iovate Health Sciences U.S.A., Inc. et al
| Hector Manuel Abarca and Diana Curiel |
| Iovate Health Sciences U.S.A., Inc., Iovate Health Sciences Group, Inc., Iovate Health Research, Inc., Iovate HC 2005 Formulations, LTD, Iovate Health Sciences International, Inc., Muscletech Research and Development, Inc., HDM Formulations Ltd., Kerr Investment Holding Corporation and General Nutrition Centers, Inc. |
| 3:2009cv02492 |
| November 6, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Anthony J. Battaglia |
| Barry Ted Moskowitz |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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Filing
50
ORDER. Dfts' Motion to Dismiss is granted. As to Count VIII, Court holds Pla has failed to state a claim for fraud and misrepresentation and the Motion to Dismiss Count VIII is granted w/o prejudice. Plaintiffs have 21 days from the entry of this Order to file any amended complaint correcting the deficiencies in Count VIII. Signed by Judge Barry Ted Moskowitz on 5/5/2010.(jah)
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Filing
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CONDITIONAL TRANSFER ORDER (CTO-1) In re: Hydroxycut Marketing and Sales Practices Litigation, MDL No. 2087, TRANSFERRING CASE to the Southern District of California. (far, COURT STAFF) (Filed on 11/5/2009)[Transferred from California Northern on 11/6/2009.]
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